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suprita (Sr. Application Specialist)     23 June 2010

mutual annualment

We stayed together only for 15 days.. and he turned out to be fraud, i walked out of the house and now surviving on my own.

Now they agreed for mutual annualment. What is the anticipated time frame if it is with mutual concent as i want to get rid of him earliest and move on im my life.

Is there any way to recover back my dowry amount incase of annualment?

 

Regards



Learning

 6 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     23 June 2010

Dear Suprita,

I want to talk to u in person as there r many questions to ask from u. u can contact me at 9871158578

Dharmesh Manjeshwar (Advocate/Lawyer)     23 June 2010

divorce by mutual consent could take about 8-10 months apprx .... since you are taking divorce by mutual consent there is no way to get your dowry through court procedures .... you and your spouse have to settle the issue between yourselves ......

Otherwise you can file for divorce on other grounds and claim your dowry back from him ..... but this could pro-long and u want to get rid of him quickly ... so forget ur dowry and move ahead in life .....

Arup (UNEMPLOYED)     23 June 2010

13B. Divorce by mutual consent.

 

(1)  Subject to the provisions of this Act a petition for       dissolution of marriage by a decree of divorce may    be presented to the district court by both the parties     to a marriage together, whether such marriage was        solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of    1976.) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier     than six months after the date of the presentation of     the petition referred to in sub-section (1) and not     later than eighteen months after the said date, if the   petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

 

Arup (UNEMPLOYED)     23 June 2010

MUTUAL DIVORCE MEANS YOU BOTH THE SPOUSES ARE AGREED MUTUALLY FOR DIVORCE, FOR THAT PURPOSE YOU BOTH HAVE TO SIGN ON THE PETITION AND AT LEAST TWICE, YOU BOTH HAVE TO APPEAR THE COURT AND HAVE TO CONSENT ON DIVORCE.

THEREFORE IF YOU DEMAND DOWRY BACK, CONSENT OF HIM IS DOUBTFUL.

NOW FIRST DECIDE WHICH ONE PREFARABLE, RETURN OF DOWRY OR DIVORCE.

 

IF YOU WANT TO RETURN BACK DOWRY, THEN GO TO POLICE AND COMPLAIN UNDER DV ACT & 498A ON THAT TIME YOU ALSO LODGED A COMPLAIN ABOUT YOUR LIFE AT STAKE FROM HIM. THIS COMPLAIN WILL ALSO HELP TO GET IMMEDIATE JUDICIAL SEPERATION AND AFTER A YEAR THE DIVORCE.

Arup (UNEMPLOYED)     23 June 2010

APPROX TIME ABOUT 1&1/2 YEAR FOR MUTUAL DIVORCE.


(Guest)

there is nothing like mutual annulment. annulment is always contested cannot be by collusion.better contact an expert lawyer soon. dont delay filing for annulment.


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